View Full Version : No charges against homeowner
JeffCo DA Weir will not file charges against the homeowner who shot and killed the thief from Craigslist that stole his car.
theGinsue
02-17-2016, 17:56
It was a bad shoot but I can't say that I wouldn't have done the same given the circumstances.
Hopefully, this will serve as a wakeup call to potential thieves.
http://kdvr.com/2016/02/17/da-no-charges-will-be-filed-against-homeowner-in-craiglist-robbery/
The DA was probably happy to have a career criminal off the streets, permanently.
GilpinGuy
02-17-2016, 18:35
Win.
newracer
02-17-2016, 18:36
Surprising
This is my shocked face. ...and I'm serious.
O2
Bailey Guns
02-17-2016, 19:01
Outstanding. I thought the guy had a pretty good chance of being cleared.
I guess I'm not all that surprised. Ultimately it comes down to what you think you can get a jury to convict on. And they may have figured the sympathy level for a career criminal would be pretty darn low and that the jury would have at least one person on it who would feel the dude "got what he deserved" (or whatever).
blacklabel
02-17-2016, 19:05
I could have easily seen them try to nail the guy. It's promising that they decided not to.
HoneyBadger
02-17-2016, 19:15
While I don't think his actions were justifiable based on my knowledge of the case, I'm glad he wasn't charged. Hopefully he makes better decisions moving forward.
blacklabel
02-17-2016, 19:16
While I don't think his actions were justifiable based on my knowledge of the case, I'm glad he wasn't charged. Hopefully he makes better decisions moving forward.
That's no joke. If he starts putting out paintings then we know he's a whack job.
I wonder what the civil suit will cost the homeowner.
Glad to hear he won't be living on the taxpayers at the greybar hotel.
Bailey Guns
02-17-2016, 19:36
I'm hopeful they make it clear he was cleared under the Make My Day law. No civil suit.
porfiriozg
02-17-2016, 19:42
Awesome
milwaukeeshaker
02-17-2016, 20:08
Never a bad shoot when some piece of crap criminal bites the dust. IMHO
It was a bad shoot but I can't say that I wouldn't have done the same given the circumstances.
Hopefully, this will serve as a wakeup call to potential thieves.
Rooskibar03
02-17-2016, 20:51
I'm glad a gun owner isn't having charges filed but I am honestly shocked. It's one thimg to defend your life, it's another to run out into the street firing down the road.
battle_sight_zero
02-17-2016, 21:37
I heard on KOA during the news feed the dead perp was reaching for a gun when he was shot.
I heard on KOA during the news feed the dead perp was reaching for a gun when he was shot.
That of course changes EVERYTHING.
O2
Sad the homeowner now has to live with the fact he ended someone's life over a car.
Good luck to him.
The good guy didn't just shoot a guy because a car got keyed or something. If someone uses the false pretense of a purchase to tie you up in your own home and take something from you both by force, and under the threat of violence, then it's about much more than just a car, no matter what anyone says.
The good guy didn't just shoot a guy because a car got keyed or something. If someone uses the false pretense of a purchase to tie you up in your own home and take something from you both by force, and under the threat of violence, then it's about much more than just a car, no matter what anyone says.
We all have moral choices to make/follow.
It is a good idea to thoughtfully determine your lines ahead of time.
As I stated, best of luck to him.
Don't forget that bad guys have moral choices to make/follow as well. Sometimes they find out the hard way that they made the wrong choice. Sometimes the good guys find out.
GilpinGuy
02-17-2016, 23:47
I thoughtfully determine that I will do my best to ventilate any fuck that ties my ass up and tries to steal my hard earned property.
Bailey Guns
02-18-2016, 07:26
Sad the homeowner now has to live with the fact he ended someone's life over a car.
Good luck to him.
Why do you continue to insist this was over a car?
a DA that got it right. Glad to hear that it went this way.
milwaukeeshaker
02-18-2016, 08:41
Yup! You risk your life trying to steal ANY of my property. I would have no moral problem with ending a scumbags life, that's the risk they take by their chosen "profession". If you don't want to be in the hospital or morgue, don't be a thief.
I thoughtfully determine that I will do my best to ventilate any fuck that ties my ass up and tries to steal my hard earned property.
Were any more details ever released, like what gun/ammo was used, where the vehicle was when fired on (in relation to the shooters house), etc.? I haven't seen anything, or really been watching. Just wondering if it was a handgun, AR, shotgun, M1 Garand, etc.
Were any more details ever released, like what gun/ammo was used, where the vehicle was when fired on (in relation to the shooters house), etc.? I haven't seen anything, or really been watching. Just wondering if it was a handgun, AR, shotgun, M1 Garand, etc.
I've been withholding comments because I'm curious to this too.
funkymonkey1111
02-18-2016, 13:33
It was a bad shoot but I can't say that I wouldn't have done the same given the circumstances.
Hopefully, this will serve as a wakeup call to potential thieves.
guess it wasn't an "bad shoot" since no charges were filed. the only thing "bad" about it is that both crooks aren't dead.
Great news! I'm happy see the DA did the right thing.
guess it wasn't an "bad shoot" since no charges were filed. the only thing "bad" about it is that both crooks aren't dead.
You know it's amazing with the LITTLE bit of information that was released by the media.. and how fucked they are at actually reporting what occurred.. that we as gun owners condemn based on the same thing we bitch about with the media..
milwaukeeshaker
02-18-2016, 16:12
Yeah, what he said!!
You know it's amazing with the LITTLE bit of information that was released by the media.. and how fucked they are at actually reporting what occurred.. that we as gun owners condemn based on the same thing we bitch about with the media..
Not defending the media BUT it's what info is released by the authorities. I've had occasion to look up legal court docs on many cases and there's a whole lot the public can't access or what DA's don't release/judges seal for example.
Lots-most?-reporters accept what ever they're spoon fed and are too stupid or lazy to look deeper. They just rely on their own preformed opinions.
Outstanding. Goes to show all is not lost in this state.
The affidavit pertaining to the other criminal in this case was unsealed on Feb. 5. Case number 16-2159. The affiant states in it that a handgun was recovered from the jacket (removed by responding FD) of Martinez with no further description of this handgun. There are also all the details from the victim pertaining to the robbery, being bound and threatened with a knife only 12" from his face.
As far as a firearm used by the homeowner it's a Springfield XDM, 9mm, with what's described as "an extended ammunition magazine". No mention of the type of ammo. Also removed from the pockets of Martinez's jacket are multiple packets of suspect meth, another with a white powdery substance and a glass vial filled with a liquid.
^^^^Where there any descriptions on where the criminals were engaged i.e. in the garage, homeowners property, public street etc?
The dead guy was backing the victim's car out of the garage and down the driveway when the victim fired. The victim describes Martinez moving his hand down towards the passenger seat. Now put that together with the victim knowing that Martinez had a gun and the picture becomes a bit more clear.
These are the details that were not public until the records were unsealed. There are investigative reasons cops/DAs don't reveal the details to the press early on in instances like this. As flawed as our system is the idea is still not to try cases in the public media. If there's no true bill or if no charges are filed then these documents are usually no longer sealed.
If there's more interest in the details it's not much work to get the affidavit. I believe I've given the points of most interest, have a great weekend.
Thanks for the info.
Yes, thank you! I have to admit I was kinda hoping some kind of rifle or carbine was used, I don't know why.....
[snip]
As far as a firearm used by the homeowner it's a Springfield XDM, 9mm, with what's described as "an extended ammunition magazine".
[snip]
So another example of Rapsheet Rhonda's mag ban not preventing crime then?
ColoradoTJ
02-20-2016, 12:02
Out flippen standing.
I have to be honest, I would have thought he would have been charged.
Like others have stated, I would not have done the same, but I am pretty sure I would not have been tied up in my own house unless Mrs. ColoradoTJ was doing it.
Bailey Guns
02-21-2016, 00:15
...but I am pretty sure I would not have been tied up in my own house unless Mrs. ColoradoTJ was doing it.
That probably needs a thread of it's own.
[Coffee]
Bailey Guns
02-21-2016, 00:46
Oh, my...
Out flippen standing.
I have to be honest, I would have thought he would have been charged.
Like others have stated, I would not have done the same, but I am pretty sure I would not have been tied up in my own house unless Mrs. ColoradoTJ was doing it.
http://i18.photobucket.com/albums/b150/rinselman/smilies/worthless.gif
HoneyBadger
02-21-2016, 14:30
http://i18.photobucket.com/albums/b150/rinselman/smilies/worthless.gif
I guess you missed it then... [mop]
Consider yourself lucky you did.
hurley842002
02-21-2016, 14:50
So another example of Rapsheet Rhonda's mag ban not preventing crime then?
What is this crime you speak of?
buffalobo
02-21-2016, 16:53
http://i18.photobucket.com/albums/b150/rinselman/smilies/worthless.gif
Suffice to say Mrs. Colorado TJ is not very attractive and Colorado TJ has my sympathy.[emoji6]
Sent from my SCH-I545 using Tapatalk
buffalobo
02-21-2016, 17:05
Forgot to leave my comment when I tossed the pic.
One less career thug is a good thing, victim not seriously injured or killed is a good thing.
A little surprised no charges against victim, from initial reports it appeared questionable shoot. Glad DA decided otherwise.
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ColoradoTJ
02-21-2016, 19:02
Suffice to say Mrs. Colorado TJ is not very attractive and Colorado TJ has my sympathy.[emoji6]
Sent from my SCH-I545 using Tapatalk
What? You tossed the pick? Was that too much for the forum? Serious question so I don't get bounced off later. It didn't have nudity, but it was enough to make one want to take an ice pick to eyes. Lol
Sorry if there was any oftense.
How about the real Mrs ColoradoTJ?
64117
Calculated
02-21-2016, 21:23
You look good in black pants TJ
buffalobo
02-21-2016, 21:44
What? You tossed the pick? Was that too much for the forum? Serious question so I don't get bounced off later. It didn't have nudity, but it was enough to make one want to take an ice pick to eyes. Lol
Sorry if there was any oftense.
How about the real ColoradoTJ?
64117
No worries, situational thing. Saving others from the ice pick and keep thread on track.[mop]
I liked the first picture.
HoneyBadger
02-21-2016, 22:06
I liked the first picture.
Of course you did... [Lick]
ColoradoTJ
02-21-2016, 22:48
You look good in black pants TJ
Thank you. I do squats...lol
I added the Mrs. Thanks for noticing.
theGinsue
02-21-2016, 22:51
guess it wasn't an "bad shoot" since no charges were filed. the only thing "bad" about it is that both crooks aren't dead.
Personally, I agree with tou. Legally speaking, the homeowner got lucky.
You know it's amazing with the LITTLE bit of information that was released by the media.. and how fucked they are at actually reporting what occurred.. that we as gun owners condemn based on the same thing we bitch about with the media..
You're right. I based my comment on the information as it was initially reported. Turns out the essential facts remain the same - the BG was outside of the home and withdrawing. Typically, these situations are a no-go for shooting in "self-defense". It could have easily gone the other way for this homeowner. Even if the DA isn't a decent human being who saw that the greater good was accomplished here and only made his/her decision on the likelihood a jury wouldn't convict, the outcome was good for the homeowner. No need to victimize the homeowner a second time by dragging him through a drawn out legal challenge. We all know it easily could have gone the other way for him.
ColoradoTJ
02-21-2016, 22:55
So back on track, this became a big discussion over family dinner (big family on Mrs TJ side) and with the adults at my oldest Birthday party today.
Most people were surprised no charges were filed as well. However, there was a damn good argument that the scum thought he was still tied up and coming back and this may have justified the action. Just a guess, but most of these people are not hard core gun owners or even carry. Coming from the parents at the party was surprising. I do believe people are just getting tired of all this BS and home invasions.
ColoradoTJ
02-21-2016, 22:57
No worries, situational thing. Saving others from the ice pick and keep thread on track.[mop]
Thanks. Everyone has boundries, I sometimes cross them. That pic makes me puke a little in my mouth every time.
Calculated
02-21-2016, 23:17
I think it surprised everyone, with how backwards the system generally operates nowadays. But hey, score one for the good guys.
Now I bet he's concerned of some sort of backlash. If more people took their safety and self preservation into their own hands, crimes would drop dramatically.
ColoradoTJ
02-21-2016, 23:22
I think it surprised everyone, with how backwards the system generally operates nowadays. But hey, score one for the good guys.
Now I bet he's concerned of some sort of backlash. If more people took their safety and self preservation into their own hands, crimes would drop dramatically.
Can I get an Amen?
Now I just hope he doesn't get taken in Civil court.
Been thinking more about this...
I wonder if the fact that the victim ("shooter") was not a gun owner made a difference?
When a gun owner uses his weapon in self-defense I wonder how much political motive there is to prosecute someone who can be viewed as "trigger happy." And wanting to make an example out of him. There is a strong belief that a violent criminal shouldn't be killed to matter the risk he imposes on innocent people.
In this case, there's no example to be made because the homeowner didn't choose to be a gun owner.
hurley842002
02-22-2016, 14:41
Been thinking more about this...
I wonder if the fact that the victim ("shooter") was not a gun owner made a difference?
When a gun owner uses his weapon in self-defense I wonder how much political motive there is to prosecute someone who can be viewed as "trigger happy." And wanting to make an example out of him. There is a strong belief that a violent criminal shouldn't be killed to matter the risk he imposes on innocent people.
In this case, there's no example to be made because the homeowner didn't choose to be a gun owner.
Where are you seeing that the victim wasn't a gun owner (legitimate question)? I've re read the article linked, and cannot find an answer to my question. From earlier posts, it appears the gun used was a Springfield XDM, and as far as I know it belonged to the homeowner/shooter....
Where are you seeing that the victim wasn't a gun owner (legitimate question)? I've re read the article linked, and cannot find an answer to my question. From earlier posts, it appears the gun used was a Springfield XDM, and as far as I know it belonged to the homeowner/shooter....
Yes, I might be wrong. My read of the story is that it was the bad guy who introduced the gun.
The homeowner retrieved his own firearm upon freeing himself. Dead guy also had a gun.
If that were the case, it must have been the bad guy's first day and he was riding along with the guy that got away.
milwaukeeshaker
02-22-2016, 16:02
First day as a thief, new on the job, so he should get a pass, and the victim should be prosecuted for doing this dirtbag?? NONE of you guys are thinking this, right? [AR15]
The homeowner retrieved his own firearm upon freeing himself. Dead guy also had a gun.
I feel much better about this then!
Bailey Guns
02-22-2016, 19:13
First day as a thief, new on the job, so he should get a pass, and the victim should be prosecuted for doing this dirtbag?? NONE of you guys are thinking this, right? [AR15]
You should probably re-read some of the comments.
Well this thread certainly turned to shit. If anyone has more questions pertaining to the incident I might be able to answer just shoot a pm and I'll try.
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